JUDGMENT B.N. Katju, J. - The applicant was convicted under Section 7/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to six months rigorous imprisonment and a fine of Rs. 1000/-, and in default of payment of fine to undergo three months rigorous imprisonment by the IVth Additional Munsif-Magistrate, Fatehpur by his judgment dated 28-2-1978 passed in Criminal Case No. Ill of 1978. He filed Criminal Appeal No. 43 of 1978 which was dismissed by the IInd Additional Munsif-Magistrate, by his judgment dated 14-11-1979. He has now come up in revision to this Court. 2. The case of the prosecution is that S.K. Mishra (P.W. 1) Food Inspector purchased 75 mililitres of mixed milk of cow and buffalo for Rs. 1.50/- from the applicant on 27-9-1977 at about 8-20 A.M. near Ismailganj crossing. The milk was divided into three equal parts and sealed in three phials. One of the phials was sent to the Public Analyst and the report of Public Analyst showed that it was deficient in non-fatty solids by 22 per cent. 3. It has been held in Sultan Shah v. State, 1973 FAC 343 that if the fat contents are very much higher than the prescribed minimum and the non-fatty solids are below the prescribed minimum, the only inference that can be drawn is that either the animals were not properly fed or that the report of the Public Analyst was erroneous. 4. In the case of Puran Singh v. State, Criminal Revision No. 2041 of 1971 decided on 6th January, 1978 in which the milk fat was very much higher than the prescribed minimum and the non-fatty solids were much lower than the prescribed minimum, this Court did not place reliance on the report of the Public Analyst and also observed that the quality of milk produced by an animal depended on the food given to it. 5. I am in respectful agreement with the view taken by this Court in the above-mentioned two cases. 6. In the present case the milk-fat found in the sample of milk was 5.4 per cent and the non-fatty solids found in the sample of milk were 6.8 per cent. The milk fat was thus above the minimum of 4.5 per cent prescribed for a mixture of cow and buffalo milk. The milk, therefore, does not appear to be adulterated. In the present case the milk-fat found in the sample of milk was 5.4 per cent and the non-fatty solids found in the sample of milk were 6.8 per cent. The milk fat was thus above the minimum of 4.5 per cent prescribed for a mixture of cow and buffalo milk. The milk, therefore, does not appear to be adulterated. The fact that the non-fatty solids have been found to be below the prescribed minimum leads to the conclusion that either the report of the Public Analyst is erroneous or the quality of food eaten by the animals whose milk was sent to the Public Analyst was not good. The result, therefore, is that the applicant cannot be held guilty under Section 7/16 of the Act. 7. This application is accordingly allowed and the conviction and sentence of the applicant are set aside. 8. The applicant is on bail. He need not surrender. His bail bonds are discharged.